State v. S.A., 2021AP1917-1919, 7/6/22, District 1, (1-judge opinion, ineligible for publication); case activity The State petitioned to terminate Sarah’s parental rights to her three children because she had failed to assume parental responsibility and her kids were in continuing need of protective services. According to the State, Sarah had trouble controlling her anger and… Read more
46. WI Court of Appeals
State v. Sergio Moises Ochoa, 2022 WI App 35; case activity (including briefs) Ochoa, charged with two counts of first degree intentional homicide, claimed self defense. The court of appeals rejects his claims that the circuit court violated his right to present his defense by excluding certain evidence he wanted to present. The court also… Read more
State ex rel. DeLorean Bryson v. Kevin Carr, 2022 WI App 34; case activity (including briefs) A few months ago the court of appeals decided Ortiz v. Carr, holding (with a number of important caveats) that DOC may not take a greater percentage of an inmate’s wages for restitution than the circuit court has ordered–if… Read more
State v. Gerald P. Mitchell, 2022 WI App 31; case activity (including briefs) Mitchell v. Wisconsin, 139 S.Ct. 2525 (2019), held that when police have probable cause to believe a driver has committed a drunk driving offense and the driver is unconscious or stupefied to a point that requires hospitalization and precludes a breath test… Read more
State v. Ricky Rodriguez, 2021AP2053-Cr, 6/14/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) Rodriguez was convicted of two misdemeanors and placed on probation in early 2017. a few months later, he committed two felonies and was sentenced to prison. His probation for the misdemeanors was revoked, and he was sentenced to… Read more
State v. Smolarek, 6/16/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) Smolarek was involved in a motorcycle accident. After allegedly admitting that he had smoked marijuana much earlier that day, an officer arrested him. A blood test showed that he had been driving under the influence of THC. Smolarek moved to… Read more
State C. Catti J. Meisenhelder, 2022 WI App 37; case activity (including briefs) Meisenhelder was busted for shoplifting mouthwash and eyeliner at a Walmart. When police searched her purse they spotted a keychain that had a small, purple vial attached to it. They looked inside, found what looked like meth, and arrested her. She moved… Read more
Derrick A. Sanders v. State of Wisconsin Claims Board, 2021AP373, District 4, 6/9/22 (not recommended for publication); case activity (including briefs) This lengthy, unpublished decision doesn’t bear directly on issues arising in day-to-day criminal litigation, but we note it here because its topic—compensation from the state to wrongly convicted innocent persons—may be of interest. Under… Read more
